
rvf 



SPEECH 






HON. J.^R, THOMSON, 



OF NEW JERSEY, 



CONQUEST OF CALIFORNIA; 



DBIJTEE£1> IS THE 



UKITED STATES SENATE, AUGUST 9, 1S56. 



^ WASHINGTON : 

PRINTED AT THE UNION OFFICE. 

• 1856. 



SPEECH. 



The following resolution being under consideration — 

Resolved, That the President of the United States be requested to furnish the Senate 
with copies of the despatches from Commodore Stockton in 1846, forwarded by Mr. 
Christopher Carson, giving an account of his operations in California ; also, if in posses- 
sion of the government, any despatch or history from Messrs. W. B. Ide, John Grigsby, 
naid Samuel isTash, relative to the declaration of independence, or the hoisting of the Bear 
flag in California, previously to the arrival of Commodore Sloat on that station — 

Mr. THOMSON addressed the Senate as follows : 

Mr. President: I had the honor to submit, a few days ago, to the 
Senate, a resolution asking for copies of the despatches which Com- 
modore Stockton forwarded from California to the government in 1846, 
by Mr, Christopher Carson ; and for a copy of a report or history of 
the origin and completion of the revolution in California, signed by 
Wm. B. Ide, John Grigsby, and John H. Nash. 

These documents, I think, would throw light upon a subject which, 
from various causes, has been much misunderstood by the people gen- 
erally, and I hope it may be in the power of the proper departments 
to furnish the information which has been asked for. 

These documents relate, sir, to the early history of the revolutionary 
and military movements of the American settlers, and to the opera- 
tions of the United States naval forces under Commodores Sloat and 
Stockton in California. 

Mr. Fremont has frequently been termed the conqueror of Califor- 
nia. Resolutions, adopted by political meetings, have repeated the 
assertion, until many intelligent persons sincerely entertain the opin- 
ion that such is the fact. The title to the 164th chapter of Mr. Ben- 
ton's ''Thirty Years' View" is, Fremont's Third Expedition and 
Acquisition of California. In the Biography of Mr. Fremont, recently 
published;, the same claim is also preferred. And it has been adopted 
as true by the compiler of a book of historical incidents of American 
history, published in Boston by John Philbrick, 1856. But, Mr. 
President, as a citizen of New Jersey, I feel called upon to dispute 
this claim in favor of Mr. Fremont, and to assert it for one of the 
most distinguished sons of that State, my constituent and friend, and 
predecessor in this honorable body. Commodore Stockton. 

In the examination which I now propose to make in reference to 
this claim in behalf of Fremont, it will be perceived, I think, that 
many persons (even of the highest official rank, and with the best 
means of obtaining correct information) have been led into error on 
this subject. The artful manner in which the acts of Mr. Fremont 
have been exhibited, and the prominence given to him, to the exclu- 



sion of all others, in the narratives of events in California, published 
in advance of official documents, induced their belief that he was the 
chief actor in all the movements and battles whicli preceded the 
acquisition of that country. 

The same impression was, no doubt, made upon the mind of many 
who read the message of the President of the United States in 1846, 
and the report of the Secretary of War of the same year. 

The language of the President alluded to, indeed, was j)robably fur- 
nished by Mr. Benton. The President says: "Our squadron in the 
Pacific, with the co-operation of a gallant officer in that distant coun- 
try, have acquired bloodless j)ossession of California." 

The reason why I impute to Mr. Benton the authorship of this par- 
agraph in the President's message is, first, because, in his "Thirty 
Years' History," he makes the claim for Fremont of the acquisition 
of California; and because, in the 165tli chapter of that work, he 
says that the President's message was submitted to him before being 
sent to Congress, and was by him modified and altered. 

The President of the United States could have had no motive what- 
ever to exalt Fremont at the expense of Stockton ; but Mr. Benton' g 
relations to Colonel Fremont were such as w^uld naturally induce 
him to claim for the latter an undue share of merit. Accordingly, 
Stockton is ignored — '■'■our squadron" substituted for him. His name 
is not mentioned, and the co-ojaeration "of a gallant officer" made 
prominent. 

Not content with inducing the insertion in the President's message 
of the paragraph referred to, there is intrinsic evidence that Mr. Ben- 
ton furnished to the Secretary of War those portions of his report 
which are now cited by Fremont's admirers to prove him a conqueror. 
On page 173 and 174 of Niles's Register, vol. 71, will be found a let- 
ter of Mr. Benton's to the President of the United States, dated 
November 9, 184G, in which he states the movements of tlie American 
settlers who had declared tlie independence of California, and also Mr. 
Fremont's participation with them. All his fads ore obtained from 
Fremont Jtimsel/, whose letter reciting them appears in the same vol- 
ume of Niles's Register, page 191, and from letters addressed to Mrs. 
Fremont by her husband from California. 

I have prepared extracts from these letters, w-ith which I will not 
detain the Senate, but ask that they may be printed with these re- 
marks. 

Mr. Benton, in the letter referred to, to the President of the United 
States, dated ISfovember 9, 184G, to be found in Niles's Register, vol. 
71, p. 173, states that — 

"After the most anxipiis deliberation upon all the dangers of his position, and upon all 
the responsibilities of liis conduct, Captain Fremont determined to turn upon liis pursuers 
and fight them instantly, without regard to numbers, and seek safety for his party and 
the American settlers by overturning the Jlexiean government in California. It was on 
the Gth day of June that he came to this determination ; and tlie resolution being once 
taken, all half-way measures were discarded, and a rapid execation of the plan M'as com- 
menced. On the 11th of June a supply of two hundred horses lor Castro's troops, on the 
way to his camp, conducted by an officer and fourteen men, were surjjrised at daylight, 
and the whole captured ; the men and officers being released, and the horses retained for 
American rise. On the IStlr, at daybreak, tlie military post at Sonora (the point of ren- 
dezvous and intended headquarters) was surprised and taken, with nine pieces of braas 



caimon, two hundred and fifty stand of muskets, other arms and ammunitiou, with sev- 
eral superior oflicers, General Yallijo, (Val-ya-ho,) his brother, Captain Vallijo, Colonel 
Greuxdou, iiiid others, all of whom were detained ajid confined as prisoners. Captain 
Fremont then repaired to the American settlements on the Rio de los Americanos to obtain 
assistance ; and receiving an express from his little garrisoi; of fourteen in Konora that 
General Castro v,'as preparing to cross the bay of San Francisco and attack them witli a 
large force, he set out in the afternoon of the 23d of June with ninety mounted riflemen, 
and, travelling day and niglit, arrived at two o'clock in the morning of the 25th at 
Sonora, eighty miles' distance. The vanguard of Castro's forces had crossed the bay — a 
squadron of seventy dragoons, commanded by De la Torre, which was attacked and de- 
feated bj' twenty Americans, with a loss of two killed and some wounded on the part of 
the Mexicans, and no injury to themselves, De la Torre barely escaping with the loss of 
his transport boats and spiking six pieces of artillery. 

' ' The north side of the bay of San Francisco was now cleared of the enemy ; and on 
the 4tli of July Capt. Fremont called the Americans together at Sonoma, addressed them 
upon the dangers of their situation, and recommended a declaration of) independence, and 
war upon Castro and his troops, as the only means of safety. The independence was im- 
mediately declared and war proclaimed. A few days afterwards an officer from Commodore 
Sloat brought intelligence that the American flag was hoisted at Monterey — an example 
which was immediately followed wherever the news flew. The pursuit and defeat of Cas- 
tro were the only remaining enterprise. He had fled south towards the numerous Mexican 
gettlenjents beyond Monterey, with his four or five hundred men ; and Captain Fremont, 
leaving some fifty men in garrison, set out with one hundred and sixty mounted rifle- 
men in the pursuit, when he received instructions from Commodore Sloat to march upon 
Monterey. He did so, and found Commodore Stockton in command, approving the pur- 
suit of Castro, and aiding by all means in his power. The sloop-of-war Cyane was put at 
his service," &c. 

In these letters it will be found that Fremont recites various suc- 
cessful military actions. He does not say that lie j^articipated in them, 
but states tliem in such a way as to leave the inference irresistible that 
he did so. Mr. Benton and Mr. Marcy both take such for granted, 
and so, indeed, would any one on reading the artful connexion in 
which they are stated. Besides, there are no documents on file in the 
department from which the Secretary could have made up the state- 
ment in hiis report, except the letters of Colonel Benton and Mr. Fre- 
mont. 

The Secretary in his report states no more and no less than is contained 
in those letters, and sets forth the facts in the order precisely as stated in 
tliem. 

These facts relate to the time when Fremont joined the movement 
/)f the American settlers in favor of independence, to two actions in 
which the Californians were defeated, and the taking of Sonoma. The 
Secretary relates these events so as to produce the impression (no doubt 
made on his own mind) that Fremont was among the first to counte- 
nance the independent movement ; that he took part in the defeat of 
the Mexicans and the capture of Sonoma. 

But we have, however, positive proof showing that Fremont had 
nothii.g to do with these several events. 

In Niles's Register, vol. 73, pp. 110 and 111, will be found a his- 
tory of the movements of the American settlers in May, June, and 
July, 1846, prior to Commodores Sloat and Stockton's arrival in Cali- 
fornia. This history was compiled and published by the settlers them- 
selves, and signed with the names of the leaders, W. B. Ide, John 
Grigsby, and John H. Nash. But the credit whicb belongs to these 
adventurous and enterprising Americans for their gallant deeds has 
been appropriated to Fremont, without any acknowledgment what- 



6 

ever ; nor are their names even to be found in any of the private let- 
ters or des2)atchcs to government which have yet been published. 

I ask to print the extracts which I have made from this history with 
my remarks : 

' ' Information was received by Mr. W. B. Idc, living on the Sacramento, on the 8th of June, 
by letter, brought l)y an Indian runner, that 200 mounted Mexicans were on their march 
up the Sacramento river, with the design of destroying the cro])s, burning the houses, 
find driving oil' tlic cattle belonging to the foreigners. Mr. Ide immediately visited the 
settlements on the Sacramento, and linding mo.st of the men of the valley with Captain 
Fremont, repaired to his camp. He then conversed with Captain Fremont on the subject 
of the revolution, who advised immediate organization and resistance on the part of the 
foreigners, but declined any action on his part, or that of the men under his command. 
Captain Fremont then informed him that he then expected to leave for the States in two 
weeks. In the meantime, a party of Americans had gone in pursuit of some Jlexicanii 
who were collecting horses, had taken them prisoners, and secured 200 of their animals, 
which were to have been mounted by Mexican soldiers, and employed in expelling the 
foreigners, as well as Captain Fremont, from the coimtry. It was quite apparent that 
further and more decisive action was necesary to secure the lives and projjerty of the im- 
migrants ; and it was determined to seize the fort of Sonoma, w-here many of the govern- 
ment officers were quartered and munitions of war were stored. A party was raised, and 
upon the 14th of June arrived at and seized Sonoma by surprise, and without resistance, 
and directly thereafter Wm. B. Ide was elected commander of the party. Dr. Semple 
immediately called a meeting, with the view of taking some action for forming a pro- 
vincial government. The prisoners were sent to the Sacramento, and placed under the 
protection of Captain Fremont, and the property of the fort secured, and a garrison estab- 
lished for its further protection. 

' ' Measures were adopted in reference to foreign importations ; Horace Saunders was ap- 
pointed commissary. A national flag was agreed upon. ' Captain Ide was made captain- 
general.' ' Measures were taken to secure public and private property.' 'The general- 
in-chief on the 16th despatched Mr. Todd on a mission to Captain Montgomery, of the 
United States ship Portsmouth, for the purpo.se of obtaining a quimtity of gunpowder. 
He declined furnishing it, on the ground that, so far as he knew, the United States were 
at peace with the Mexican government,' &c., &c. 

"On the 21st, Captain Grigsby returned from the Sacramento valley, and was elected 
captain of the 1st company of riflemen, and the fort placed under his command. Lieu- 
tenant L. H. Ford was despatched in pursuit of a company of Mexicans, and found them ; 
they proved to lie two hundred in nuniber ; gave them a tight, killed eight, and wounded 
thirteen, after which they fled. This victory gave a decided character to the revolution, 
and convinced the Spaniards that it was not prudent to attempt the capture of any more 
l)risouers. 

"The 25tli of June, Captain Fremont and the men imder his command arrived at So- 
noma, and were received with joy by the garrison, which was composed of about one hun- 
dred men, exclusive of Captain BVemont's command, and of some twenty wlio were ab- 
sent on other duty. In the meantime, as report said, General Castro was busj' in crossing 
men from the other side of the bay to San Solito. Captain Fremont invited Lieutenant 
Ford to accompany him, -with the same men he had commanded in the engagement befoBt; 
spoken of, in an expedition against Jose Castro. Three or four days were spent in en- 
deavoring to bring the Mexicans to an engagement, but without success. Castro had sue- 
cceded in landing aljout two hundred men on the north side of the bay, and flnding the 
ground untenable, was desirous of diverting Captain Fremont from his object of pursuit, 
while his men might re-embark. He accordingly sent three men, with papers calculated 
to deceive Captain Fremont into the idea that Sonoma was, on a certain time, to be at- 
tacked by a large force, and ordered them to discover themselves to his command. The 
stratagem had the desired effect, although the spies lost their lives. Captain Fremont 
repaired to Sonoma with all possible despatch, where he arrived at the early dawn of day, 
and was pleased to find his friends still in the possession of the post, and at the guns with 
lighted matches in their hands." 

"At a meeting called to order by General Ide, Colonel Fremont said 
he would make a proposition to the men then before him tliat, al- 
though he could not and would not intermeddle in the internal affairs 
of California, yet, if the men present Avould pledge themselves to ab- 
stain from all acts of violence against peaceful families, and to obey 



7 < 

all orders of officers of their oivn choice in their endeavors to effect the 
declared purposes of the revolution, he would not only assist them hy 
Ms advice, but that he would volunteer his whole force against Cas- 
tro, and that he would stand by them, at least until Castro shall have 
beed subdued." 

From this history, related in a plain and simple manner, and 
bearing every evidence of truthfulness, it appears that whilst these 
important events were transpiring, Mr. Fremont was quietly reposing 
in his camp on the bank of the Sacramento,, ana that he did not unite 
with the American settlers, or render them any assistance, until after 
they had apparently succeeded in maintaining themselves. 

Mr. Benton, and Mr. Marcy after him, represent that on the Qth of 
June Fremont formed the determination to commence offensive 
measures. Messrs. Ide, Grigsby, and Nash say that on the 8th of 
June, tioo days after this, Mr. Ide repaired to Fremont's camp on the 
Sacramento, and "'conversed with him" on the subject of the revolu- 
tion, and Capt. Fremont " advised immediate organization and resist- 
ance on the part of the foreigners, hut declined any action on his part, 
or that of his men." '' Capt. Fremont informed him that he then ex- 
pected to leave for the States in two weeks." Colonel Benton, in his 
letter to the President, states, as a consequence of "this commence- 
ment of offensive measures on the part of Fremont," the capture of a 
party with 200 horses, and the surprise and capture of Sonoma, so as 
to produce the impression that Fremont directed and took part in 
these actions. Such, however, was not the fact. Both of these affairs 
took place through the agency of the settlers, without his presence or 
assistance. Again, on the 21st, Lieutenant Ford, at the head of a 
company of seventy American emigrants, met and defeated two hun- 
dred Mexicans. This exploit is also appropriated in the same way by 
Col. Benton and Mr. Marcy to Mr. Fremont. And it was not until 
after this, when victory gave a decided character to the revolution, 
" that Fremont participated in the designs of the emigrants." On 
the 2oth of June, the history states, " Captain Fremont and the men 
under his command arrived at Sonoma, (Sonoma was taken by the 
settlers on the 14th,) and were received with joy by the garrison." 
The remark that they " were received with joy," if nothing ^se does, 
shows that Fremont had not acted previously with them, or else there 
would have been no occasion for such an expression. But Fremont 
now took the field against Castro, and invited Lieutenant Ford with 
his command to join him. The history states, "three or four days 
were spent in endeavoring to bring the Mexicans to an engagement, 
but without success. Castro was desirous of diverting Captain Fre- 
mont. He accordingly sent three men with papers calculated to de- 
ceive him into the idea that Sonoma was to be attacked. The strata- 
gem had the desired effect. Fremont set off for Sonoma, and left 
Castro to retreat in safety. Of course, he found Sonoma unmolested. 
But Mr. Benton seizes the opportunity to eulogize the wonderful per- 
formance of Fremont, in making this false movement, and travelling 
eighty miles in less than twenty-four hours." " Captain Fremont," 
continues the history, "and his men, retiu'ned in pursuit of Castro, 
aud arrived at the \>a.jjust in time to see that the last of Castro's mea 



8 

liad re-embarked with all their baggage." This trip to Sonoma is 
one of Mr. Fremont's "exploits," 

The history further shows that the flag of independence was raised 
in the middle of June by the American emigrants, without the aid, 
presence, or co-operation of Fremont. Yet Fremont, in his letter to 
Col. Benton, July 25, 1846, claims to have prompted the declaration 
of independence on the 4th of July. The "history" states that the 
national or Bear flag, j|\'ith the words " California republic" on it, 
was raised in the middle of June, and before Fremont joined them ; 
and that a povisional government had been organized, and William 
B. Ide elected captain-general. 

Fremont says he assembled the people on the 4th of July, and ad- 
dressed them, and advised a declaration of independence. The history 
states that i\\e 4th of July was celebrated at Sonoma by reading the 
Declaration of Independence of the Thirteen States, firing cannon, &c. 
But on the 6th the companies (of volunteer settlers) were formed and 
marched into the large hall. The men were called to order by Gren. 
Id«. There were one hundred and eighty men present, exclusive of 
Capt. F.'s command, of about forty men. Captain Fremont addressed 
the assembly, and promised to aid them with his advice, and to co- 
operate with them if they would pledge themselvas to obey "the offl- 
cers of their own choice." Uen. Ide replied_, and said "there was 
not a man present who had not already volunteered his life, his prop- 
erty, and his reputation in an honorable support of the revolution;" 
showing clearly that the revolution had already begun, and that it 
had not been then first commenced by Mr. Fremont, as is claimed for 
him by himself and his biographers. 

This history does not show that the "chief direction of aflkirs" was 
given to Mr. Fremont, as is claimed for him ; but, on the contrary, 
Gen. Ide was chief of the movement, and captain general ; and by 
him, "under a discharge of cannon, with apj)ropriate ceremonies," 
was the flag of the republic of California first raised, and by him, 
also, was the proclamation of independence signed and issued. The 
overtures for assistance by the American settlers having been repulsed 
by Fremont early in June, when they were commencing hostilities, 
they never thought of investing him with the leadership after their 
measures had been crowned with success ; and, without evidence to the 
contrary, such a proceeding would have been extremely improbable. 
But in the face of these express statements, that Gen. Ide, and not 
Fremont, was their leader, Mr. Fremont's claim made in his letter to 
Col. Benton the 25th of July, 1846, must be considered entirely with- 
out foundation. 

In his Thirty Years' View, Mr. Benton states that "Fremont de- 
termined to put himself at the head of the people and to save the 
country. To repulse Castro was not sufficient — to overturn the 
Mexican government in California, and to establish Californian inde- 
pendence was the bold resolve, and the only measur-e adequate to the 
exigency." 

Messrs. Ide^ Grigsby, and Nash^ on the other hand, say that Fre- 
mont, in the address to the settlers, before referred to, on the 6th of 
July, declared that he had determined to pursue and take Irre Castro, 



9 

wlioin he considered "but a usurper in California, "being unauthorized 
by the Mexican government. He said ''that although he could not, 
and would not y intermeddle in the i?iternal affairs of California," he 
woukl, on certain conditions, "not only assist them with his advice, 
but that he would volunteer his whole force against Castro, and that 
he would stand by them, at least until Castro shall haveheen sididued." 

Hov/ different is this plain statement of the leaders of the revo- 
lutionary party from that of Mr. Benton ! In it you find nothing of 
*' Mr. Fremont placing himself at the head of the people to save the 
country" — of overturning the Mexican government] in California, as 
the repulse of Castro was not sufficient — and to establish independence. 
The "hold resolve" of Mr. Fremont seemed to be unknov/n to those 
with whom he was about to co-operate. His engagement with them 
was for a limited and specific service, and for a single object, and that 
was the pursuit and capture of Castro, in which he was signally un- 
successful. So far from engaging to overthrow the Mexican govern- 
ment in California and to establish independence, he expressly states 
that " h-e cannot, and will not, intermeddle with the internal affairs 
of California ;" and yet the claim is boldly made for him by his father- 
in-law, of having overthrown the Mexican government and established 
independence, for he adds, after the "bold resolve" was taken, it was 
executed with a celerity that gave it a romantic success." 

Nor is more dependence to be placed in. the statements of Mr. Ben- 
ton with reference to the operations of our naval forces than in those 
of the settlers which I have just examined. 

On the lOthof July intelligence was received by Mr. Fremont, then 
at St. John's, that Commodore Sloat had arrived and taken possession 
of Monterey, and planted the United States flag there. And thither 
he marched, and arrived on the 19th of July, sixteen days after its 
capture. It would thus appear, then, that in the movements previ- 
ously to the operations of Commodores Sloat and Stockton in Cali- 
fornia, Mr. Fremont's part was extremely insignificant. He was in 
no action whatever. He does not, indeed, state that he was. He re- 
oites actions which were performed by others, and left his father-in- 
law to claim for him the credit which belonged to others for their per- 
formance. He declined to join the settlers early in June, when his 
co-operation would have been of service to them. But after they had 
gained important advantages over the Californians, and were in pos- 
session of the strong fort of Sonoma, and when le was in daily expec- 
tation of receiving intelligence of war between the United States and 
Mexico, he volunteered his assistance. 

Mr. Benton, as well as Mr. Fremont's biographer, however, claim 
that Fremont's "exploits" induced Commodore Sloat to seize Monte- 
rey, and raise the American flag ; and, therefore, they say that the 
acquisition of California was owing to Fremont ; for, if Sloat had not 
raised the United States flag on the 7th of July, 1846, the British ad- 
miral, who arrived soon after, would have seized California for Great 
Britain. 

Mr. Benton, in his "View," chapter 164, states that " Commodore 
Sloat remained five days before the town, and until he heard of Fre- 
mont's operations ; then, believing that Fremont had orders from his 



10 

government to take California — lie having none himself — he deter- 
mined to act himself. He received the news of Fremont's siiccesses on 
the 6th of Jnly ; on the 7th he took the town of Monterey, and sent a 
despatch to Fremont. The latter came to him in all speed, at the 
head of his mounted force. Going immediately on hoard the Commo- 
dore's vessel, an explanation took place. The Commodore learnt with 
astonishment that Fremont had no orders from his government to com- 
mence hostilities — that he had acted entirely on his own responsibility. 
This left the Commodore without authority for having taken Monterey; 
for still at tlds time the commencement of the luar luith Mexico loas un- 
hnoion. 

But this statement of Mr. Benton is most pointedly and positively 
contradicted hy Commodore- Sloat, in his official letter to the Secretary 
of the Navy, dated "Flag-ship Levant, at sea, July 31, 1846." In 
it he says : "I have the honor to report that on the seventh June I 
received at Mazatlau information that the Mexican troops, six or seven 
thousand strong, had, hy order of the Mexican government, invaded 
the territory of the United States north of the Rio Grande, and had 
attacked the forces under General Taylor, and that the squadron of 
the United States were blockading the coast of Mexico in the Gulf. 
These hostilities I considered ivould justify my commencing offensive ope- 
rations on the ivest coast ! I therefore sailed on the 8th, in the Savan- 
nah, for the coast of California, to carry out the orders of the depart- 
ment of the 24th of June, 1845." 

The Commodore then states that he took possession of Monterey on 
the 7th day of July, in the name of the United States. 

It does not appear from the Commodore's letter that he had sent any 
orders or despatches to Fremont, as stated by Mr. Benton, or that he 
had ever heard anything about him. The only notice he takes of him 
in his letter is, that Purser Fauntleroy, who had been sent by him to 
take St. John, a small town in the interior, stumbled upon him there, 
'' found that it had been taken possession of an hour or two previous 
to his arrival by him/' "^'with whom he returned to Monterey on the 
19th," twelve days after its capture. This is all the notice taken of 
Fremont in this official letter. 

So far, then, from its being true that the Commodore was induced 
by Fremont's operations to take possession of Monterey, he had re- 
solved on the ^th day of June, at Mazatlau, to sail for California, and 
commence offensive operations on the west coast. Fremont certainly 
had performed no exploits up to this time which could influence the 
Commodore's action ; for on the 8th day of June he refused to co- 
operate with General Ide and others in revolutionizing California, and 
did not take any part with them until the 25th of June, after the sur- 
prise of Sonoma, the brilliant performance of Lieut. Ford, and the 
capture of a party with two hundred horses, had all been achieved. 

And, then, there is no evidence whatever that the British admiral 
ever intended or had any instructions which would have authorized 
him to seize California. It is mere imagination. 

Mr. Benton, I must repeat^ says it Avas hearing of Fremont's opera- 
tions and successes, and believing that he had orders from his govern- 
ment to take California, that induced Commodore Sloat to take pos- 



11 

session of Monterey ; for still at this time (7th of July) the commence- 
ment of the war loith, Mexico loas unJcnoivn. " But Commodore Sloat 
says that it was because he had received information of the existence of 
war hetiveen the United States and Mexico, and that, he considered, 
would justify him commencing offensive operations on the west coast, 
and therefore sailed in the Savannah for the coast of California to 
carry out the orders of the department ! Now, Mr. President, what 
were these orders ? They were, sir, that, " in the event of war with 
Mexico, he was directed to employ the force under his command to 
the best advantage," The Mexican ports on the Pacific are said to 
be (says the Secretary of the Navy) open and defenceless. If you as- 
certain with certainty that Mexico has declared war against the Uni- 
ted States, you will at once possess yourself of the port of San Francis- 
co, and blockade or occupy such other ports as your force may permit. 

Such, sir, were the instructions which he sailed from Mazatlan on 
the 8th of June to execute, and yet Mr. Benton, in his '^' View," states 
it was the operations of Fremont (Heaven save the mark !) which led 
him to commence hostilities in Californiaj and save the territory from 
the grasp of Great Britain. 

Mr. Benton, in this statement, does great injustice to this gallant 
officer in charging that he had commenced hostilities against a nation 
upon no other ground than that, hearing of the operation and successes 
of Fremont he supposed him to 1)6 in possession of orders from his gov- 
ernment to take California. I admit, sir, it would be difficult, if not 
impossible, for one in his position, or in any position, to believe that 
an officer of the army of the United States would wage war with the 
forces under his command against an independent nation without 
orders from his government. And the Commodol'e might well be par- 
doned for supposing such to be the case. But I have already shown 
from his official letters that it was not true that he did so. But it, 
no doubt, confirmed in his mind the truth of the information he had 
received at Mazatlan of the commencement of hostilities. But, sir, 
the statement of Mr. Benton in reference to this matter places Mr. 
Fremont in a most unfortunate position. It exhibits him, sir, in the 
character of a fillibuster, of a person, without authority, making war 
upon a friendly power, and employing the forces placed under his 
command (for a difierent purpose) to overthrow its government, and 
establish a republic on its ruins. It was, indeed, ^ir, the assumption 
of a fearful responsibility, and one which might have involved his 
country in war, or have lost his own life, with the lives of all his fol- 
lowers, (as was the case with Lopez in his expedition,) if he had been 
unsuccessful in his operations. But, sir, I do not propose to discuss 
this question, but in passing merely to remark upon it. 

I think that I have now fully shown that Mr. Fremont's claims to 
the conquest previously to the 19th of July rest entirely upon the 
assertions of his father-in-law, and as they appear in Secretary Mar- 
cy's report of December, 1846. 

In thus stating the intervention of Mr. Benton in claiming for Fre- 
mont credit for exploits to which he was not entitled, I expressly dis- 
claim any desire to impute to him anything further than a pardonable 
facility in yielding credence, on grounds entirely insufficient, to state- 



12 

ments and inferences calculcated to do honor to one connected with 
him Ly close family ties. The truth of history, however, requires 
vindication, and my duty is to expose the errors into which he has 
been betrayed, and'in^hich, through his agency, others have par- 
ticipated. 

And now, Mr. President, I propose briefly to examine the claims 
of Fremont to the merit of a conqueror suhsc(piently to July 19, 184G. 
That he had no claim before has already been shown. 

On the 23d July, 1846, Commodore Stockton took command of the 
squadron, Commodore Sloat having sailed for the United States. 
Monterey, Sonoma, at the head of the bay of San Francisco, and Yerba 
Buena, now called San Francisco, were the chief points in the posses- 
sion of the United States forces. But all southern California was in 
arms, and unsubdued. Mr. Fremont was then at Monterey. 

Commodore Stockton issued his proclamation on the same day, and 
announced his intention to conquer the country. Colonel Fremont, 
in his defence on his trial by court-martial in 1848, thus states his 
own position at this time, and gives the title of conqueror to another. 
(See proceedings of court-martial, pp. 374 and 375 :) 

"He (Commodore Stockton) determined to prosecute hostilities to the full conquest of 
the country, and asked not co-operation, but service under him. He made this proposal 
in -writing to Lieut. Gillespie and myself. We agreed to it, and so did our men. 

"I went under him with pleasure. I was glad to he relieved from the responsibilities 
of my position. We went under the command of the naval commander on that station, and 
it was to the naval commander there that the President had specially assigned the conquest 
of California. The California battalion of mounted riflemen was then organized. Com- 
modore Stockton appointing all the oflicers, myself being appointed major, and Lieutenant 
Gillespie captain. From that time we were part of the naval forces for the conquest of 
the country." 

Again Colonel Fremont says: 

"On the 13th of August, 1846, Commodore Stockton, as cokqi;eror, took possession of 
the City of the Angels, the seat of the governors-general of California. On the 17th he 
issued a proclamation, or decree as such, for the notification and government of the in- 
habitants, followed by many others in the same character, and for the better government 
of the conquered coimtry." 

' This is the language of Colonel Fremont when his safety depended 
on making the truth manifest. Under the peril of life he concedes to 

I Commodore Stockton the title of conqueror of California! 

The peril over, his father-in-law claims for him the merit of being 
the conqueror, and his biographers assert it, also. I might be well 
content to rest the case upon the above explicit admission of Col. Fre- 
mont himself ; but as it belongs to a full statement of the truths I 
shall briefly relate what part he did take in the conquest of California 
subsequently to Commodore Stockton's assuming the supreme com- 
mand. Mr. Fremont, having received an appointment as major of a 
battalion 6f volunteers from Commodore Stockton, was ordered, on 
the 23d day of July, with 160 men, to embark on the sloop-of-war 
Cyane, Commander Dupont, with directions to proceed to San Diego, 
and thence to advance on the City of the Angels, to co-operate with 
him (the Commodore) in the proposed attack on the Californians. 

Mr. Benton, in his letter to the President of the 9th November, 
1846, says "the sloop-of-war Cyane was put at his service" — no doubt 

\ 



to produce tln' impression on tlie mind of tlie President tliat Fremont 
was acting independently . But Fremont himself, in his letter to Mr . 
Benton of 25th July, 1846, says expressly: ''We are under orders to 
embark to-morrow morning on board the Cyane sloop-of-war, and dis- 
embark at San Diego, immediately in the rear of Castro." 

Stockton proceeded to San Pedro, twenty-eight miles from the City 
of the Angels. There he waited a week for Fremont to co-operate 
with him. Finally, he marched against Castro without him, forced 
him to break up his camp, abandon his artillery and baggage, and fly 
in the direction of Sonora. After the dispersion and flight of his 
army, Fremont arrived, on the day that Stockton took possession of 
the capital. Thus ended the first campaign of Stockton. Fremont's 
whole service was comprised in his voyage to San Diego and his march 
to De Los Angelos. The second campaign of Commodore Stockton was 
still more inglorious for Mr. Fremont. An insurrection broke out on 
the 1st of October, and the garrison left by the Commodore at the 
capital had been compelled to capitulate. Stockton ordered Fremont 
to Santa Barbara again, to collect horses and cattle for this ex|>edi- 
tion. San Diego was surrounded hj^ the enemy, and Lieutenant 
Minor, in command there, was besieged by them. On his way in that 
direction Fremont spoke a vessel, and became acquainted with these 
facts, and, instead of obeying his orders, he turned back, giving as his 
reason tliat supplies of horses and cattle could not be obtained there, 
and returned 500 miles north of San Diego, placing the enemy be- 
tween himself and his commander-in-chief, and cutting off all com- 
munication with him. This act of Fremont delayed the Commodore's 
advance for months. Stockton, however, finally procured horses and 
cattle Avhere Fremont said they could not be obtained. Fremont 
abandoned the seat of ^r. He left that part of the country where 
hostilities prevailed, and never returned until after the enemy was de- 
feated and dispersed. Commodore Stockton, after waiting two months 
for the necessary supplies of horses and cattle, which were at last ob- 
tained from Lower California, on the 29th of December, advanced 
north upon De Los Angelos against the foe, fought the battles of San 
Gabriel and Mesa, defeated and dispersed the army of California, and 
conquered the country a second time. He heard nothing of Fremont 
until four days after his (Stockton's) entry into the capital. Then 
Fremont made his appearance ; and having on his journey fallen in 
with the beaten and flying California generals and a few stragglers, 
remnants of the defeated forces, he made a treaty of capitulation with 
them. Stockton had refused to treat with G-enerals Flores and Pico, 
because they had once already broken their parole of honor. Fre- 
mont, however, having not participated in the war, makes a great 
merit of this capitulation with these defeated officers with whom 
Stockton would not treat, and whom he considered as of no import- 
ance. All these facts will be seen from the official despatches of Com- 
modore Stockton. They show that Fremont, in the first campaign, 
did nothing, while under Stockton, but go to San Diego, and ride up 
from that place in August to meet Stockton after he had compelled 
Castro to break up his camp and disperse his army. In the second 
campaign, Fremont failed to execute his orders, and retired five hun- 



14 

dred miles from the enemy, and never returned until after tlic fight- 
ing was over. There is nothing from his own pen, or that of others, 
nor is there any evidence of any sort that Fremont ever had a single 
enconntcr witb an enemy while in California. He has been called the 
path-finder. But it was unfortunate for him that the paths he trod 
did not lead him into the presence of an enemy. 

Mr. President, in the foregoing remarks, and the exposure I have 
made of the weakness and absurdity of the claim set up for Mr. Fre- 
mont to the conquest of California, I have been actuated by far higher 
motives than such as I know will be imputed to me. I regard it, 
sir, as a duty I owe to the truth of history, as well as to a distin- 
guished friend and constituent, to see that the laurels which he has 
nobly won shall not be torn from his brow to decorate another's. For 
Commodore Stockton I claim the credit of the conquest of California. 
So far from Mr. Fremont being entitled to it, it does not appear that 
he was ever engaged in a single battle ; and the extent of the res])onsi- 
bility he assumed in California seems to have been, 1st, to fortify a 
position of self-defence against a threatened attack of the Califor- 
nians ; and 2d, to unite with the forces of General Ide, on the 25tli 
of June, at Sonoma, and to undertake an expedition against General 
Castro, in which he was out-witted by the wily Mexicans. Im- 
mediately after this, he marched to Monterey and accepted an appoint- 
ment as major from Commodore Stockton, under whose orders he 
served, as has been shown, until the conclusion of the war. 

And now, sir, I have attempted to describe fairly and truly the 
achievements of Mr. Fremont in California ; and I ask if any claim 
can hefowid in them to the title of its conqueror. 

And now, Mr. President, it is hardly necessary, after this ex- 
posure of the pretensions set up for Mr. Fremont, to say tvho ivas the 
conqueror. That has been already indicated. But I will take the 
liberty to state, as briefly as possible, a few additional facts to estab- 
lish still more incontestably the claims of Commodore Stockton to 
that great honor. Stockton assumed the command of the United 
States naval forces on the 23d day of July, 1846. The condition of 
the country at that time has already been shown. On the same day 
he issued a proclamation placing the country under martial law, and 
resolved upon the most prompt and vigorous prosecution of the war. 
He immediately organized a corps of 160 mounted men, composed 
chiefly of American settlers, appointed Mr. Fremont major of the 
battalion, and Lieutenant Gillespie, of the marine corps, captain: 
retaining the chief direction of affairs in his own hands. In twenty- 
four hours thereafter he despatched this corps, under Major Fremont 
on the sloop-of-war Cyane, Captain Dupont, to San Diego, to procure 
horses and cattle, and to co-operate with him in the contemplated 
attack of the City of the Angels. On the 1st of August he sailed himself 
in the frigate Congress for Monterey, and proceeded to San Pedro, 
(about 30 miles from the City of the Angels,) and landed 350 seamen 
and marines, and commenced the work of drilling them for the new 
service in which they were engaged. On the 11th of August he 
commenced his march upon that city. On the 12th, when within a 
few miles of the enemy, they became panic-stricken and fled, leaving 



15 

teliind tlieir baggage and artillery. The principal officers and a por- 
tion of the troops surrendered themselves prisoners of war, the city 
capitulated, and on the 13th Commodore Stockton took possession of 
the capital of California, The country was now conquered — the in- 
habitants quietly submitted — and Stockton immediately proceeded to 
organize a civil government. He prescribed a tariff of imposts, and 
appointed appraisers, collectors, and other officers for the collection 
of the revenues, and did every other lawful act which a conqueror 
and governor could do. 

Having settled all these matters, and seeing the new government in 
lull and successful operation, he left the city and proceeded to San Fran- 
cisco, for the purpose of organizing an expedition, to be commanded by 
himself, to land at Acapulco, on the western coast of Mexico, with a 
view of co-operating with General Scott before the city of Mexico. But 
before he could accomplish the necessary arrangeriients for such a pur- 
pose, advantage was taken of his absence from the capital, and Gene- 
rals Pico and Flores (who had been set at liberty, after the capture of 
the city, on their parole of honor) had raised a force of 400 or 500 men, 
and appearing before the city, demanded its surrender. The garrison, 
consisting of 100 men, under Captain Gillespie, unable to resist a force 
so superior in numbers^ was obliged to submit, and the city fell into 
the hands of the insurgent Californians. This insurrection the Com- 
modore determined to quell, and promptly made all his arrangements 
for that purpose. Major Fremont was despatched with 160 men to 
Santa Barbara, at which place, after procuring horses, he was to hold 
himself in readiness to join the Commodore on his march against the 
rebels. The Commodore himself sailed on the Congress, ran into 
Montery, which had been threatened, strengthened that place with 50 
men, and proceeded to San Pedro. At this place he found the enemy 
in considerable numbers^ and learned also that an engagement had 
taken place between them and the crew of the frigate Savannah, which 
had resulted to the disadvantage of the Americans, and had greatly 
encouraged the Californians. He immediately landed from his ship 
with 300 men, in the face of the enemy, and after a skirmish, com- 
pelled them to retreat ; but as they were all mounted, he could not 
pursue them. The anchorage at this place being insecure at that 
season of the year, the Congress sailed for San Diego, where Lieuten- 
ant Minor was besieged and reduced to great distress. The ship, in 
entering the harbor grounded on a bar, and came near falling over ; 
and while the crew were engaged in shoreing her up to prevent such 
an occurrence, the town was vigorously attacked by the enemy. Not- 
withstanding this mishap to the frigate, the Commodore himself, with 
as many men as could be spared, immediately landed, and, after a se- 
vere action, repulsed them and relieved the garrison. 

Preparations were then actively made tor the march upon the capi- 
tal. Horses and cattle were to be procured, and officers, with a de- 
tachment of men, were sent to Lower California to collect them. 
Whilst this portion of the little sailor army was thus employed, the 
men were kept constantly at work in manufacturing saddles for horses, 
shoes of canvass and leather for themselves, and gun carriages for 
artillery, and in their regular drill. At this place he was kept wait- 



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ing for the arrival of Major Fremont with his monnterl men until the 
29th of December ; when, having received his supplies from Lower 
California, and having heard nothing of Fremont, he determined to 
wait no longer, and marched without him upon the City of the Angels. 
On the morning of the 8th of January, being in presence of the enemy, 
he marshalled his little army and advanced against the opposing force. 
He found them advantageously posted on the other side of the river 
San Gabriel, on a bluff or range of low hills. Their artillery com- 
manded the passage, and it was strongly supported with cavalry. 
The Commodore, passing through the ranks of his men, reminded 
them that it was the 8th of January, and that he expected them ta 
add new lustre to the day. Their enthusiasm was unbounded. Not- 
withstanding the fire from the enemy, no shot was returned until after 
they had readied the opposite bank. There was great difficulty in 
accomplishing this, for the bed of the river was a quicksand, and Gen. 
Kearney, who was serving with Commodore Stockton at the time as a. 
volunteer, declared it would be impossible to pass over the guns. On 
hearing this, the Commodore dismounted from his horse, plunged into 
the river, and taking hold himself of the ropes, said, "quicksand or 
no quicksand, the guns shall pass over." Cheered by his heroic con- 
duct and example, the men renewed their exertions, and soon landed 
the guns on the opposite side. The battle now commenced on the side 
of the Americans, and the enemy, after standing their ground bravely 
for some time against a terrible fire of artillery, began to give way, 
and a charge up the bluff compelled them to retreat in confusion. 
The loss of the Americans was only two killed and nine wounded. 
The loss of the enemy, as afterwards ascertained, was over seventy 
killed and one hundred and fifty wounded. 

On the morning of theOth he pursued the retreating foe in the di- 
rectfon of the City of the Angels. About six miles from the city he 
again eacountered them in a well-chosen position, and another severe 
battle was fought, in which the Californians were again beaten, and 
"fled in differfnt directions. As the American commander had no cav- 
alry, it was impossible to pursue them. The Commodore continued 
his march, and on tlie 11th, at the head of his army, he marched into 
the city and took possession of it. 

These battles decided the fate of California. The scattered rem- 
nants of the Californian army under Flores and Pico, a few days after, 
hearing of the approach of Col. Fremont, threw ihemselves in his 
way, and concluded a formal treaty, by which they agreed to cease all 
hostilities, and to acknowledge the authority cff the United States. 
This ended the war in California ; and in the lajiguage of the Secre- 
tary of War, " Commodore Stockton took possession of the whole 
countr)^, as a conquest of the United States, and appointed Col. Fre- 
mont governor, under the law of nations^ to assume the functions of 
that office, when he should return to the squadron." 

And now, Mr. President, having, as I believe, fairly and truly 
stated the respective claims of Col. Fremont and Commodore Stockton 
to the honor of the conquest of California, I ask, Was not Commodore 
Stockton the conqueror ? 



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